DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claims 1, 16 and 18 are rejected under 35 U.S.C. 103 as being unpatentable over Xue et al (US 2021/0400704, hereinafter Xue, claiming priority date of provisional application 63/041,066) and in view of Lin et al (US 2023/0126112, hereinafter Lin).
Regarding claim 1, Xue discloses a terminal device (UE, Fig. 3), comprising: at least one memory and at least one processor coupled to the memory (processor and memory, Fig. 3), wherein the processor is configured to: in response to at least one Listen Before Talk (LBT) failure during a sidelink transmission procedure, determine one or more resources for transmitting data that has failed to be transmitted during the sidelink transmission procedure (first sidelink LBT fails and second LBT attempt succeeds, transmission can occur on second PSSCH, Para [0128]/Fig. 10, UE is allocated resources based on mode 1 or mode 2, Para [0111]); and transmit the data from the terminal device via the determined one or more resources (UE performs SL transmission on the second PSSCH, Para [0128], sidelink data is transmitted on the PSSCH, Para [0047]. Also see Para [0126] and Fig. 10 from the provisional application); but does not explicitly disclose perform a sidelink transmission procedure, including performing a LBT procedure before each sidelink transmission of the sidelink transmission procedure. Lin discloses the UE performs LBT before the start of each SL transmission using selected resources, Para [0033]. It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to utilize the techniques taught by Lin in the system of Xue in order to prevent increased latency and reduced data rate for 5G UEs using sidelink communication.
Regarding claim 16, Xue discloses a UE (UE, Fig. 3) for wireless communication, comprising: at least one memory and a controller (memory and controller, Fig. 3) coupled with the at least one memory and configured to cause the processor to: in response to at least one Listen Before Talk (LBT) failure during a sidelink transmission procedure, determine one or more resources for transmitting data that has failed to be transmitted from the terminal device due to the at least one LBT failure (first sidelink LBT fails and second LBT attempt succeeds, transmission can occur on second PSSCH, Para [0128]/Fig. 10, UE is allocated resources based on mode 1 or mode 2, Para [0111]); and transmit the data from the terminal device via the one or more resources as determined (UE performs SL transmission on the second PSSCH, Para [0128], sidelink data is transmitted on the PSSCH, Para [0047]. Also see Para [0126] and Fig. 10 from the provisional application); but does not explicitly disclose perform a sidelink transmission procedure, including performing a LBT procedure before each sidelink transmission of the sidelink transmission procedure. Lin discloses the UE performs LBT before the start of each SL transmission using selected resources, Para [0033]. It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to utilize the techniques taught by Lin in the system of Xue in order to prevent increased latency and reduced data rate for 5G UEs using sidelink communication.
Regarding claim 18, Xue discloses a method performed by a terminal device, the method comprising: in response to at least one Listen Before Talk (LBT) failure during a sidelink transmission procedure, determining one or more resources for transmitting data that has failed to be transmitted from the terminal device due to the at least one LBT failure (first sidelink LBT fails and second LBT attempt succeeds, transmission can occur on second PSSCH, Para [0128]/Fig. 10, UE is allocated resources based on mode 1 or mode 2, Para [0111]); and transmitting the data from the terminal device via the one or more resources as determined (UE performs SL transmission on the second PSSCH, Para [0128], sidelink data is transmitted on the PSSCH, Para [0047]. Also see Para [0126] and Fig. 10 from the provisional application); but does not explicitly disclose perform a sidelink transmission procedure, including performing a LBT procedure before each sidelink transmission of the sidelink transmission procedure. Lin discloses the UE performs LBT before the start of each SL transmission using selected resources, Para [0033]. It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to utilize the techniques taught by Lin in the system of Xue in order to prevent increased latency and reduced data rate for 5G UEs using sidelink communication.
Claims 2-8, 11-14, 17, 19 and 20 are rejected under 35 U.S.C. 103 as being unpatentable over Xue, in view of Lin and in view of Ozturk et al (US 2023/0232460, hereinafter Ozturk).
Regarding claim 20, Xue discloses a network device (BS, Fig. 3), comprising: a processor and a transceiver coupled to the processor (transmitter and processor, Fig. 3), wherein the processor is configured to: receive, from a terminal device and in response to a LBT failure during a sidelink transmission procedure, an indication of an unsuccessful data transmission via a control channel between the terminal device and the network device (first sidelink LBT fails, Para [0128]/Fig. 10, the BS transmits DCI to request feedback for the first LBT, Para [0009], LBT results are transmitted on the PUCCH, Para [0129]); but is not explicit feedback in response to a single LBT failure and transmit, via the control channel, information about one or more resources for retransmitting the data during the sidelink transmission procedure. Ozturk discloses BS transmits resources for the UE to use for sidelink channel, Para [0066], UE can perform at least one LBT procedure, Para [0067], UE transmits report of the one or more failures to the BS, Para [0079] and BS can indicate second BWP resource to use based on the report, Para [0085]/Fig. 5, in this case one LBT procedure/failure. It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to utilize the techniques taught by Ozturk in the system of Xue in view of Lin in order to prevent reduced quality and reliability of sidelink communications from continued LBT procedure failures.
Regarding claim 2, Xue discloses the terminal device of claim 1, but not wherein the processor is further configured to: transmit, in response to a single LBT failure during the sidelink transmission procedure, and to a network device, an indication of an unsuccessful data transmission via a control channel between the terminal device and the network device; and receive, from the network device via the control channel, information about the one or more resources for retransmitting the data from the terminal device. Ozturk discloses BS transmits resources for the UE to use for sidelink channel, Para [0066], UE can perform at least one LBT procedure, Para [0067], UE transmits report of the one or more failures to the BS, Para [0079] and BS can indicate second BWP resource to use based on the report, Para [0085]/Fig. 5, in this case one LBT procedure/failure. Xue discloses LBT results are transmitted on the PUCCH, Para [0129].
Regarding claim 3, Xue discloses the terminal device of claim 1, but not wherein the processor is further configured to: transmit, in response to a plurality of LBT failures during the sidelink transmission procedure, and to a network device, at least an indication of unsuccessful data transmissions via a control channel between the terminal device and the network device; and receive, from the network device via the control channel, information about the one or more resources for retransmitting the data from the terminal device. Ozturk discloses BS transmits resources for the UE to use for sidelink channel, Para [0066], UE can perform at least one LBT procedure, Para [0067], UE transmits report of the one or more failures to the BS, Para [0079], threshold quantity of failures, Para [0068] and BS can indicate second BWP resource to use based on the report, Para [0085]/Fig. 5. Xue discloses LBT results are transmitted on the PUCCH, Para [0129].
Regarding claim 4, Xue discloses the terminal device of claim 2, wherein the control channel is a physical uplink control channel (LBT results are transmitted on the PUCCH, Para [0129]).
Regarding claim 5, Xue discloses the terminal device of claim 1, wherein the processor is further configured to: initiate an autonomous retransmission procedure to retransmit the data from the terminal device; and determine the one or more resources for the autonomous retransmission procedure. Xue discloses autonomous resource allocation, where the UE is configured with a sidelink resource pool and may select resources from the pool, Para [0048]. Ozturk discloses resource selection and scheduling performed by UE as well, Para [0056].
Regarding claim 6, Xue discloses the terminal device of claim 5, but not explicitly wherein the processor initiates the autonomous retransmission procedure by: initiating the autonomous retransmission procedure in response to a single LBT failure during the sidelink transmission procedure. Ozturk discloses using autonomous mode 2 with an LBT procedure, Para [0063], UE can report one LBT failure and configure a new sidelink channel based on the one LBT failure in mode 2, Para [0088].
Regarding claim 7, Xue discloses the terminal device of claim 5, but not wherein the processor initiates the autonomous retransmission procedure by: initiating the autonomous retransmission procedure in response to a plurality of LBT failures during the sidelink transmission procedure. Ozturk discloses using autonomous mode 2 with an LBT procedure, Para [0063], UE can report multiple LBT failures and configure a new sidelink channel based on the multiple LBT failures in mode 2, Para [0088].
Regarding claim 8, Xue discloses the terminal device of claim 5, wherein the processor initiates the autonomous retransmission procedure by: initiating the autonomous retransmission procedure in response to a number of the at least one LBT failure exceeding a threshold number. Ozturk discloses the UE can use a counter to detect if a threshold quantity of failures has been reached, Para [0068].
Regarding claim 11, Xue discloses the terminal device of claim 5, wherein the processor is further configured to: switch from a first resource allocation mode of the terminal device to a second resource allocation mode of the terminal device (there are two resource allocation modes, Para [0048], it is obvious to one of ordinary skill that the UE can be switched between different modes); and select the one or more resources from a resource pool for data retransmission from the terminal device (autonomous resource allocation, where the UE is configured with a sidelink resource pool and may select resources from the pool, Para [0048]).
Regarding claim 12, Xue discloses the terminal device of claim 5, wherein the processor is further configured to: reselect the one or more resources from a resource pool for data retransmission from the terminal device. Xue discloses autonomous resource allocation, where the UE is configured with a sidelink resource pool and may select resources from the pool, Para [0048].
Regarding claim 13, Xue discloses the terminal device of claim 1, but not wherein the processor transmits the data from the terminal device by: determining respective priorities of the data to be transmitted in response to the sidelink transmission procedure overlapping with another sidelink transmission procedure; and transmitting the data that is of a higher priority from the terminal device (overlapping transmissions, where the higher priority transmission is transmitted instead of lower priority is well known in the art and obvious to one of ordinary skill).
Regarding claims 14, 17 and 19, Xue discloses the terminal device of claim 1 but not wherein the at least one processor is further configured to cause the terminal device to: in response to a reference data transmission during the sidelink transmission procedure failing due to the at least one LBT failure, exclude the reference data transmission when counting a number of data transmissions that are allowed for the sidelink transmission procedure (when LBT fails, the node doesn’t transmit data in the channel, Para [0067], obvious to one of ordinary skill in the art the failed transmission wouldn’t count towards the number of allowed transmissions).
Claims 9 and 10 are rejected under 35 U.S.C. 103 as being unpatentable over Xue, in view of Lin, in view of Ozturk and in view of Du et al (US 2023/0180291, hereinafter Du)
Regarding claim 9, Xue discloses the terminal device of claim 5, but not wherein the processor is further configured to: determine the one or more resources for retransmitting the data from a Configure Grant (CG) for data retransmission from the terminal device. Du discloses LBT fails for the initial transmission using a CG and the UE will retransmit the data using the second CG, Para [0057-59]. It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to utilize the techniques taught by Du in the system of Xue in view of Lin and Ozturk in order to improve efficiency of transmission blocks in sidelink transmissions.
Regarding claim 10, Xue discloses the terminal device of claim 9, but not wherein the CG is configured by a network device. Du discloses a network device configures CG resources for side-link transmission, Para [0055].
Response to Arguments
Applicant's arguments filed 1/28/2026 have been fully considered but they are not persuasive. Applicant amends the limitations in the claim and argues the references do not disclose the amended limitations. Applicant argues Xue does not disclose performing an LBT procedure before each sidelink transmission. In response, arguments are moot in view of a new reference being used in the current office action. Lin discloses the UE performs LBT before the start of each SL transmission using selected resources, Para [0033].
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to KEVIN CUNNINGHAM whose telephone number is (571) 272-1765. The examiner can normally be reached Monday through Thursday 7:30-18:00 (EST).
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Huy Vu can be reached on (571) 272-3155. The fax number for the organization where this application or proceeding is assigned is 571-273-8300.
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/KEVIN M CUNNINGHAM/Primary Examiner, Art Unit 2461
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